When Zydus Pharmaceuticals backed away from its patent fight with Eli Lilly ($LLY) over the ADHD drug Strattera in 2007, it created an opportunity to step forward three years later. While its eight former co-defendants in the patent fight are now enjoined from introducing their copycat versions of the drug, Zydus has asked a New Jersey court to bless its own at-risk launch.
It started back in September 2007, when Lilly sued Zydus and eight other companies for stepping on its Strattera patent by asking the FDA to approve generic versions. Zydus settled with Lilly in December 2007, so it's no longer party to that suit. Since then, the generics makers prevailed in court, successfully striking down Lilly's Strattera patent. Lilly has appealed, and the appeals court granted an injunction to prevent those companies from launching their versions until after the appeal is decided.
Now, Zydus says it shouldn't be bound by the injunction because it's not part of that lawsuit. "We assert that because of the agreement we entered into, Zydus is in the situation where it can go forward [even though] the others are blocked," Zydus attorney Steven Moore of Kelley Drye & Warren tells the The National Law Journal. Lilly begs to differ, telling Journal that it believes the injunction does cover Zydus.
- see the Law Journal story